The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-04-14
JURISDICTION AT ISSUE.
THE STATE AND FEDERAL COURTS
IN A CLASH.

IN A CLASH.
DeKalb County's Distillery Case
Gives Rise to the Controversy-A
Communication to Gov. Gordon on
the Subject Other News of the
States Capital City.
ATLANTA, GA, April 1S.-The following
Supreme Court decisions were handed down
to-day:
Z. S. Tangmade VS.. J. T. Tuggle, ct al. /;
from HARRISON. Reversed.
w. n. Rogers vs. S. S. Lawrence; from
Chattooga. Affirmed.
The DeKalb county local option case now
in the United States Circuit Court under a
writ of habeas corpus, promises to be prOmi-
nent as involving a conflict of jurisdiction be-
tween the State and general government.
Judge Richard H. Clark, of the Stone Noun
tain circuit, has laid the following communi-
cation before the Governor, which, on account
of the importance of the matter at issue, is
sent in full.
To His ErceHency John B. Gordon, Governor
of the State Of Georgia:
DEAR SRI take the first opportunity l have
after the adjournment of DeKalb Superior Court
to officially inform your excellency that during
the recent regular session of that court the
Hon. Judge fafuee, OF the united states circuit
Court ordered the writ Of habeas corpus to
issue against the Sheriff of that county, com
nlandng him to produce before said Judge at
Che court room in Atlanta the person Of one
William G. Miller alleged to be illegally re
etruined of his liberty Said Miller was pris
ner in The custody of said Sheriff by virtue
of n bench warrant issued by myself
ms Judge of said Superior Court, against whom
a bill Of indictment had been found by the grand
Jury Of said county, then in session, for manu-
Recurring whisky in violation Of the local PROM
1nYr rf -safA rnfNr .ataf ion, f.e.
babcas corpus set forth las [ am reliably in
YoII,ieG} that the imprisonment of Miller was
Illegal, because said prohibitory law a VIC
lation of tine constitution of the United States.
j vas urged to put said Miller on his trial not
Nitllstanding said writ, but believing that
delay was preferable TO the evils
OF n conflict of jurisdiction, and
tnat Judge Pardee would remand the prisoner
p, fhc State authorities soon the case could
b. heard on its merits, advised the Sheriff to
oley the writ and produce The prisoner in
coftahee with its terms On account Of tie
spon-appearance of Judge Parder the hearing
was postponed until the first Monday in May.
zine Solicitor General of the circuit, Hon. II.
Jones, not being able to attend said invesriga
lion account of the pressure Of criminal
business III DeKalb Superior Court employed
Hooper Alexander. Esq of Alexander "
Turnbull, to represent him therein
MIR. Alexander did appear and filed the answer
of the Sheriff, setting forth stated his author
jty for the arrest. To interfere with it would be
an ISIlrpatiOn of jurisdiction on the part of the
United States Court, and an Illegal interference
with the lawful conduct of the State courts and
their officers While | have no doubt Messrs.
Alexander and Turnbull are fully competent to
vindcate the jurisdiction of the State courts in
this and similar cases, yet deem the matter of
sufficient importance to inform your eXcellency
of it, that you may take such action as YOU
may see proper TO defend the honor the dignity
and the sovereignty of Georgia, believing as do
that all are involved in this issue. and that the
State should make itself a party thereto. If the
prohibitory law of DeKalb county is in violation
OF the constitution of the United States it is to
he presumed the courts of Georgia will give the
prisoner the full measure Of his rights, and if
fhey do not he can appeal to the Supreme Court
pf the United States AS | understand il, it is a
sin against the very alphabet of the law
10 convert the writ of habeas corpus into con
trivance for defeating n criminal trial on its
merits in any court having jurisdiction of the
person and subject matter, obtained in a lawful
and constitutional manner.
~ / have the honor to subscribe myself truly
yours, RICHARD H. CLARK,
Judge of the Superior Court.
& The Governor has instructed the Attorney
General to represent the State at the hear
ing.
MoORE'S LYNCHING.
Last fall, at the request of Judge Simmons
and Solicitor General Hardeman the Gov
ernor offered a reward of 500 for the arrest
with proof to convict, OF any two or more of
the parties engaged in the lynching of James
Moore at Macon Aug. II last Recently the
grand jury of Bibb county indicted five
men. Lee James, Fred Perkins H. Parker,
w. G. Ford and p. A. johnson, who are
fugitives. The Governor has now revoked
the original reward and offers $50 for each
of the five.
J. L. Turner, Oak Moore and John Nc
Guire, convicted moonshiners serving sen
fences in Fulton jail, have petitioned the
President for pardons on the ground that
their dependent families are destitute. The
President has instructed the District Attor
ney to report the facts in their cases with an
opinion as to the propriety of Executive
clemency.
Delegates from ten companies of the
Third Georgia Regiment met here to-day tc
arrange for the reunion ON Thurs
day If the first week in August
Col Claiborne Snead, of Augusta
presided. EatOnton was selected as tbs
place of che reunion and J. w. Matthews
of Fort Valley, was elected orator The
Twelfth Georgia Regiment was invited tC
participate. Invitations were extended to
the Governor and others.
NJ. II. Riley was to-day commissioned Or
binary of Taylor Superior Court.